US Permanent Residence

General Steps for a Green Card Labor Certification (Perm) I-140 Pending I-140 Approved I-485 –Pending Employment Authorization Document I-485 Approved – Green Card is in the mail!

If TU-Sponsored, Must Use Attorney from these firms only: Goldblum & Pollins, PC Klasko Immigration Law Partners, LLP Emily Cohen, Steel, Doebley & Glassman, PC If Self-Sponsored, can use any attorney

Priority Workers (EB-1) (Labor Certification is not necessary so can be self-sponsored or employer-sponsored) Extraordinary ability in arts, sciences, education, business, or athletics Outstanding Professors and Researchers Multinational Executives and Managers

Advanced-degree Professionals (EB-2) Labor certification is required (Employer-sponsored) OR self-sponsored National Interest Waiver Professionals holding advanced degrees Employees of exceptional ability in the arts, sciences or business

Third preference (EB-3) Employer-sponsored Professionals and skilled workers (requiring 2 or more years of specific education, training, or experience) Other (unskilled) workers

A preference category can become oversubscribed in two ways: 1) Total category availability has been reached 2) Per-country limit for that category has been reached

H-1B to Permanent Residence: ISSS recommends employee maintains H-1B status until s/he has green card if possible H-1B may still maintain H-1B status, travel abroad and apply for an H-1B visa for re-entry while an immigrant petition (I-140) is pending and after it is approved Once I-140 is pending for at least 365 days, ISSS can file an H-1B Extension Petition beyond 6 years In some situations, ISSS can file an H-1B Extension Petition for 3 years if an I-140 is approved but individual cannot file an I-485 as there are no numbers available

When an Adjustment of Status  petition (I-485) has been filed and is pending: Employee can maintain H-1B status while in the U.S. Can reenter the US with H-1B visa stamp OR Advanced Parole Use of the Employment Authorization Document (EAD) could result in abandonment of H-1B status. ISSS recommends that H-1B consult an immigration attorney before using Advance Parole or the EAD.